Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
ITAT held that a challenge to reassessment on jurisdictional grounds can be raised even if not pressed before the first appellate authority, because lack of jurisdiction goes to the root and cannot be cured by waiver or acquiescence. It further held that where the notice under section 148 was issued after three years from the end of the assessment year, section 151(ii) required sanction from the Principal Chief Commissioner or Chief Commissioner, not the Principal Commissioner. As the prescribed approval was absent, the reassessment notice and all consequential proceedings were void, and the reassessment was quashed.
ITAT held that a challenge to reassessment on jurisdictional grounds can be raised even if not pressed before the first appellate authority, because lack of jurisdiction goes to the root and cannot be cured by waiver or acquiescence. It further held that where the notice under section 148 was issued after three years from the end of the assessment year, section 151(ii) required sanction from the Principal Chief Commissioner or Chief Commissioner, not the Principal Commissioner. As the prescribed approval was absent, the reassessment notice and all consequential proceedings were void, and the reassessment was quashed.
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